Does that include in the bathroom? The zookeeper quoted in the article said they bring the radios everywhere, including into the bathroom.
I would say this is a gray area, but OTOH, if they fail to respond to a call and their supervisor sends a call to open up a mike to check on them, so long as the intent was to ensure the employee's welfare, how is that any different than them walking across the zoo and making entry?
If anything it's all in how they articulate their use of the feature. If they have a policy in place which stipulates it can only be used for safety of life or health situations, doing a radio check/open mike after someone fails to respond to a welfare check, then then management is using due diligence to ensure their employee's safety. If a policy is in place to ensure compliance with policies, procedures, etc and it is utilized for that purpose, that is another scenario as well.
I guess a court would have to decide if live open-mic monitoring constituted recording.
Monitoring without recording may fall under electronic eavesdropping statutes but it is clearly not recording.
The zookeeper quoted also said they bring them on breaks. Does the employer's right to monitor continue on breaks? What if they are unpaid breaks? (I don't know if they were or weren't)
No different than anyone who takes a break, but still on company property. If they are on company property, they are still liable for what happens to that employee, on break or not. So, it depends, if their open mike checks were for official purposes to ensure the safety of the employee or to ensure compliance with company policies they have that right in most cases.
Again, it all depends on what policy is in place and how the use of said feature is articulated and documented.
Universal recording, either audio or visual, has it's limits both in government and the private sector.
We aren't talking about recording. We are talking about an open live microphone.
I invite any entity to decide they have the right to start audio/videotaping showers and locker rooms in the workplace without some sort of prior agreement/collective bargaining agreement/and even State or Federal laws in place and see what happens.
Again, nothing in this incident involves recording, unless I misunderstood the report. So all your mantra about unauthorized recording doesn't apply in the situation at hand.
As has been most sensibly pointed out, individual State laws, collective bargaining agreements and common sense will show the way here.
And what will come out, or should, is a policy that should be implemented that dictates when supervisors/management can use such a remote monitor feature. I would think it should only be utilized for life safety situations where an employee does not respond after a call, or there is articulable suspicion of a safety concern, or to ensure compliance with employer policy. If they cannot articulate that during use, then it could constitute abuse. It should also be documented.
But this is something that they will have to iron out. I am sure they will.
Not everyone in this country is a public safety dispatcher who's 100% recorded all day, all the time.
No, but in this day and age, one has to understand that when you work for someone else, they can and will watch what you do. Does that mean they should have a camera on you when you are taking a dump? No. But if you say you are going to the can and don't come out, is it not reasonable to use what technology now allows to make sure you are okay?
It's all in how they articulate and dictate the use of the technology. For the employees to act surprised that they can be monitored through a two way radio is amazing to me.